Massachusetts Supreme Judicial Court, 1875

Boot & Shoe Manufacturers' Mutual Fire Insurance v. Melrose Orthodox Congregational Society

Boot & Shoe Manufacturers' Mutual Fire Insurance v. Melrose Orthodox Congregational Society
Massachusetts Supreme Judicial Court · Decided February 12, 1875 · Wells
117 Mass. 199; 1875 Mass. LEXIS 190
Boot & Shoe Manufacturers' Mutual Fire Insurance v. Melrose Orthodox Congregational Society

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Opinion of the Court

Wells, J.

The rulings at the trial were entirely correct, and in accordance with the principles of law as announced by this *201court in Commonwealth v. Massachusetts Insurance Co. 112 Mass 116 ; and Cumings v. Sawyer, ante, 30. The by-law relating to the surrender of policies does not apply to cases where the assured has suffered a total loss.

Upon the facts stated in the bill of exceptions, the judge rightly ruled that the defendant could maintain no defence to the action.

Exceptions overruled.

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